SC Issues Guidelines, Says Executive Can’t Act as Judge

The Supreme Court of India has clarified that the Executive cannot declare an accused person as guilty or demolish their property based on mere accusations. Upholding the rights provided by the Constitution and criminal law. The Court emphasized that both accused and convicted individuals are entitled to certain protections.

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This statement, made on Wednesday, November 13, 2024, condemns the recent trend of demolishing private properties belonging to accused individuals. Stating that such actions are illegal unless sanctioned by law and due process. The Court highlighted the need for compensating those affected by illegal demolitions. Ensuring that justice is upheld even in cases of criminal accusation.

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Rejects Arbitrary Demolitions by State Authorities

In a recent suo motu judgment, a Bench led by Justices B.R. Gavai and K.V. Viswanathan reaffirmed that punitive demolitions by state authorities cannot bypass legal procedures. The Court noted that even convicted criminals retain rights over their private property, which cannot be arbitrarily taken away as a form of punishment without due legal grounds. The Bench underscored the importance of maintaining a balance between lawful punitive actions and safeguarding individual rights against state excesses.

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This ruling serves as a significant check on the Executive’s authority, ensuring that punitive actions, like property demolition, adhere to constitutional safeguards. The judgment sends a clear message that the rule of law must prevail and that personal property rights remain protected, even in the case of accused or convicted individuals. This decision not only protects the property rights of the accused but also reinforces the principle that the state cannot act as judge and executor without following the proper judicial process.

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